Common use of Release of Subsidiary Guarantor Clause in Contracts

Release of Subsidiary Guarantor. Each holder of a Note fully releases and discharges from the Subsidiary Guaranty a Subsidiary Guarantor, immediately and without any further act, upon such Subsidiary Guarantor being released and discharged as a co-obligor, borrower or guarantor under and in respect of the Credit Agreement; provided that (i) no Default or Event of Default exists or will exist immediately following such release and discharge; (ii) if any fee or other consideration is paid or given to any holder of Indebtedness under the Credit Agreement in connection with such release, other than the repayment of all or a portion of such Indebtedness under the Credit Agreement, each holder of a Note receives equivalent consideration on a pro rata basis; and (iii) at the time of such release and discharge, the Company delivers to each holder of Notes a certificate of a Responsible Officer certifying (x) that such Subsidiary Guarantor has been or is being released and discharged as a co-obligor, borrower or guarantor under and in respect of the Credit Agreement and (y) as to the matters set forth in clauses (i) and (ii). Any outstanding Indebtedness of a Subsidiary Guarantor shall be deemed to have been incurred by such Subsidiary Guarantor as of the date it is released and discharged from the Subsidiary Guaranty.

Release of Subsidiary Guarantor. Each holder of a Note fully releases and discharges from the Subsidiary Guaranty a Subsidiary Guarantor, immediately and without any further act, upon such Subsidiary Guarantor being released and discharged as a borrower, co-obligor, borrower obligor or guarantor under and in respect of the each Material Credit AgreementFacility; provided that (i) no Default or Event of Default exists or will exist immediately following such release and discharge; (ii) if any fee or other consideration is paid or given to any holder of Indebtedness under the any Material Credit Agreement Facility in connection with such release, other than the repayment of all or a portion of such Indebtedness under the such Material Credit AgreementFacility, each holder of a Note receives equivalent consideration on a pro rata basis; and (iii) at the time of such release and discharge, the Company delivers to each holder of Notes a certificate of a Responsible Officer certifying (x) that such Subsidiary Guarantor has been or is being released and discharged as a co-obligorguarantor, borrower or guarantor co-obligor under and in respect of the each Material Credit Agreement Facility and (y) as to the matters set forth in clauses (i) and (ii). Any outstanding Indebtedness of a Subsidiary Guarantor shall be deemed to have been incurred by such Subsidiary Guarantor as of the date it is released and discharged from the Subsidiary Guaranty.

Release of Subsidiary Guarantor. Each holder of a Note fully releases and discharges a Subsidiary Guarantor from all of its obligations and liabilities under the Subsidiary Guaranty a Subsidiary GuarantorGuaranty, immediately and without any further act, upon such Subsidiary Guarantor being released and discharged from the same as a co-obligor, borrower or guarantor under and in respect of the Credit Agreement; provided that (i) no Default or Event of Default exists or will exist immediately following such release and discharge; (ii) if any fee or other form of consideration is paid or given to any holder of Indebtedness under the Credit Agreement in connection with directly related to releasing such releaseSubsidiary Guarantor, other than the repayment holders of all or a portion of such Indebtedness under the Credit Agreement, each holder of a Note receives Notes shall receive equivalent consideration on a pro rata basis(or other form of consideration reasonably acceptable to the Required Holders).; and (iii) at the time of such release and discharge, the Company delivers to each holder of Notes a certificate of a Responsible Officer certifying (x) that such Subsidiary Guarantor has been or is being released and discharged from all of its obligations and liabilities as a co-obligor, borrower or guarantor under and in respect of the Credit Agreement and (y) as to the matters set forth in clauses (i) and (ii). Any outstanding Indebtedness of a Subsidiary Guarantor shall be deemed to have been incurred by such Subsidiary Guarantor as of the date it is released and discharged from the Subsidiary Guaranty.

Release of Subsidiary Guarantor. Each holder of a Note fully releases and discharges from the Subsidiary Guaranty a each Subsidiary Guarantor, immediately and without any further act, upon such Subsidiary Guarantor being released and discharged as a co-obligor, borrower or guarantor under and in respect of the each Material Credit AgreementFacility; provided that (i) no Default or Event of Default exists or will exist immediately following such release and discharge; and (ii) if any fee or other consideration is paid or given to any holder of Indebtedness under the Credit Agreement in connection with such release, other than the repayment of all or a portion of such Indebtedness under the Credit Agreement, each holder of a Note receives equivalent consideration on a pro rata basis; and (iii) at the time of such release and discharge, the Company delivers to each holder of Notes a certificate of a Responsible Officer certifying (x) that such Subsidiary Guarantor has been or is being released and discharged as a co-obligor, borrower or guarantor under and in respect of the each Material Credit Agreement Facility, and (y) as to the matters set forth in clauses clause (i) and (ii). Any outstanding Indebtedness of a Subsidiary Guarantor shall be deemed to have been incurred by such Subsidiary Guarantor as of the date it is released and discharged from the Subsidiary Guaranty.

Release of Subsidiary Guarantor. Each holder of a Note fully releases and discharges from the Subsidiary Guaranty a Subsidiary Guarantor, immediately and without any further act, upon such Subsidiary Guarantor being released and discharged as a borrower, co-obligor, borrower obligor or guarantor under and in respect of the Credit Agreement; provided that (i) no Default or Event of Default exists or will exist immediately following such release and discharge; (ii) if any fee or other consideration is paid or given to any holder of Indebtedness under the Credit Agreement in connection with such release, other than the repayment of all or a portion of such Indebtedness under the such Credit Agreement, each holder of a Note receives equivalent consideration on a pro rata basis; and (iii) at the time of such release and discharge, the Company delivers to each holder of Notes a certificate of a Responsible Officer certifying (x) that such Subsidiary Guarantor has been or is being released and discharged as a co-obligorguarantor, borrower or guarantor co-obligor under and in respect of the Credit Agreement and (y) as to the matters set forth in clauses (i) and (ii). Any outstanding Indebtedness of a Subsidiary Guarantor shall be deemed to have been incurred by such Subsidiary Guarantor as of the date it is released and discharged from the Subsidiary Guaranty.

Release of Subsidiary Guarantor. Each holder of a Note fully releases and discharges from the Subsidiary Guaranty a Subsidiary Guarantor, immediately and without any further act, upon such Subsidiary Guarantor being released and discharged as a co-obligor, borrower or guarantor under and in respect of the Credit Agreement; provided that (i) no Default or Event of Default exists or will exist immediately following such release and discharge; (ii) if any fee or other consideration is paid or given to any holder of Indebtedness under the Credit Agreement in connection with such release, other than the repayment of all or a portion of such Indebtedness under the such Credit Agreement, each holder of a Note receives equivalent consideration on a pro rata basis; and (iii) at the time of such release and discharge, the Company delivers to each holder of Notes a certificate of a Responsible Officer certifying (x) that such Subsidiary Guarantor has been or is being released and discharged as a co-obligor, borrower or guarantor under and in respect of the Credit Agreement and (y) as to the matters set forth in clauses (i) and (ii). Any outstanding Indebtedness of a Subsidiary Guarantor shall be deemed to have been incurred by such Subsidiary Guarantor as of the date it is released and discharged from the Subsidiary Guaranty.

Release of Subsidiary Guarantor. Each holder (a) Upon (i) the sale or other disposition (including by way of a Note fully releases and discharges from consolidation or merger) of any Subsidiary Guarantor (other than to the Subsidiary Guaranty a Subsidiary GuarantorCompany or an Affiliate of the Company), immediately and without any further act, upon (ii) the sale or disposition of all or substantially all 105 the assets of such Subsidiary Guarantor being released and discharged as a co-obligor, borrower (other than to the Company or guarantor under and in respect an Affiliate of the Credit Agreement; provided that Company) or (iiii) no Default or Event the designation of Default exists or will exist immediately following such release and discharge; (iiSubsidiary Guarantor as an Unrestricted Subsidiary, in each case in accordance with the provisions of this Indenture,(b) if any fee or other consideration is paid or given a Subsidiary Guarantor originally became a Subsidiary Guarantor pursuant to any holder the requirements of Indebtedness under the Credit Agreement Section 4.08 in connection with such releaseSubsidiary Guarantor's Guarantee of other Indebtedness or creation of a Lien to secure the payment of other Indebtedness, upon the release or discharge of the Guarantee or security of payment of other Indebtedness (other than the repayment of all a discharge by or a portion of such Indebtedness under the Credit Agreement, each holder of a Note receives equivalent consideration on a pro rata basis; and (iii) at the time of such release and discharge, the Company delivers to each holder of Notes a certificate of a Responsible Officer certifying (x) that such Subsidiary Guarantor has been or is being released and discharged as a co-obligorresult of payment under such Guarantee or security), borrower or guarantor under and subject to paragraph 5 of Section 10.01, when all the Guarantied Obligations shall have been irrevocably paid in respect of the Credit Agreement and (y) as to the matters set forth in clauses (i) and (ii). Any outstanding Indebtedness of a full, such Subsidiary Guarantor shall be deemed to have been incurred by released from all obligations under such Subsidiary Guarantor as Guaranty, this Indenture and the Securities without any further action required on the part of the date it is released Trustee or any Holder. At the request of the Company, the Trustee shall execute and discharged from the Subsidiary Guarantydeliver an appropriate instrument evidencing such release.